[Federal Register Volume 82, Number 39 (Wednesday, March 1, 2017)]
[Presidential Documents]
[Pages 12285-12287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04107]
[[Page 12283]]
Vol. 82
Wednesday,
No. 39
March 1, 2017
Part II
The President
-----------------------------------------------------------------------
Executive Order 13777--Enforcing the Regulatory Reform Agenda
Presidential Documents
Federal Register / Vol. 82 , No. 39 / Wednesday, March 1, 2017 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 12285]]
Executive Order 13777 of February 24, 2017
Enforcing the Regulatory Reform Agenda
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, and in order to lower regulatory burdens on
the American people by implementing and enforcing
regulatory reform, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the United
States to alleviate unnecessary regulatory burdens
placed on the American people.
Sec. 2. Regulatory Reform Officers. (a) Within 60 days
of the date of this order, the head of each agency,
except the heads of agencies receiving waivers under
section 5 of this order, shall designate an agency
official as its Regulatory Reform Officer (RRO). Each
RRO shall oversee the implementation of regulatory
reform initiatives and policies to ensure that agencies
effectively carry out regulatory reforms, consistent
with applicable law. These initiatives and policies
include:
(i) Executive Order 13771 of January 30, 2017 (Reducing Regulation and
Controlling Regulatory Costs), regarding offsetting the number and cost of
new regulations;
(ii) Executive Order 12866 of September 30, 1993 (Regulatory Planning and
Review), as amended, regarding regulatory planning and review;
(iii) section 6 of Executive Order 13563 of January 18, 2011 (Improving
Regulation and Regulatory Review), regarding retrospective review; and
(iv) the termination, consistent with applicable law, of programs and
activities that derive from or implement Executive Orders, guidance
documents, policy memoranda, rule interpretations, and similar documents,
or relevant portions thereof, that have been rescinded.
(b) Each agency RRO shall periodically report to
the agency head and regularly consult with agency
leadership.
Sec. 3. Regulatory Reform Task Forces. (a) Each agency
shall establish a Regulatory Reform Task Force composed
of:
(i) the agency RRO;
(ii) the agency Regulatory Policy Officer designated under section 6(a)(2)
of Executive Order 12866;
(iii) a representative from the agency's central policy office or
equivalent central office; and
(iv) for agencies listed in section 901(b)(1) of title 31, United States
Code, at least three additional senior agency officials as determined by
the agency head.
(b) Unless otherwise designated by the agency head,
the agency RRO shall chair the agency's Regulatory
Reform Task Force.
(c) Each entity staffed by officials of multiple
agencies, such as the Chief Acquisition Officers
Council, shall form a joint Regulatory Reform Task
Force composed of at least one official described in
subsection (a) of this section from each constituent
agency's Regulatory Reform Task Force. Joint Regulatory
Reform Task Forces shall implement this order in
coordination with the Regulatory Reform Task Forces of
their members' respective agencies.
[[Page 12286]]
(d) Each Regulatory Reform Task Force shall
evaluate existing regulations (as defined in section 4
of Executive Order 13771) and make recommendations to
the agency head regarding their repeal, replacement, or
modification, consistent with applicable law. At a
minimum, each Regulatory Reform Task Force shall
attempt to identify regulations that:
(i) eliminate jobs, or inhibit job creation;
(ii) are outdated, unnecessary, or ineffective;
(iii) impose costs that exceed benefits;
(iv) create a serious inconsistency or otherwise interfere with regulatory
reform initiatives and policies;
(v) are inconsistent with the requirements of section 515 of the Treasury
and General Government Appropriations Act, 2001 (44 U.S.C. 3516 note), or
the guidance issued pursuant to that provision, in particular those
regulations that rely in whole or in part on data, information, or methods
that are not publicly available or that are insufficiently transparent to
meet the standard for reproducibility; or
(vi) derive from or implement Executive Orders or other Presidential
directives that have been subsequently rescinded or substantially modified.
(e) In performing the evaluation described in
subsection (d) of this section, each Regulatory Reform
Task Force shall seek input and other assistance, as
permitted by law, from entities significantly affected
by Federal regulations, including State, local, and
tribal governments, small businesses, consumers, non-
governmental organizations, and trade associations.
(f) When implementing the regulatory offsets
required by Executive Order 13771, each agency head
should prioritize, to the extent permitted by law,
those regulations that the agency's Regulatory Reform
Task Force has identified as being outdated,
unnecessary, or ineffective pursuant to subsection
(d)(ii) of this section.
(g) Within 90 days of the date of this order, and
on a schedule determined by the agency head thereafter,
each Regulatory Reform Task Force shall provide a
report to the agency head detailing the agency's
progress toward the following goals:
(i) improving implementation of regulatory reform initiatives and policies
pursuant to section 2 of this order; and
(ii) identifying regulations for repeal, replacement, or modification.
Sec. 4. Accountability. Consistent with the policy set
forth in section 1 of this order, each agency should
measure its progress in performing the tasks outlined
in section 3 of this order.
(a) Agencies listed in section 901(b)(1) of title
31, United States Code, shall incorporate in their
annual performance plans (required under the Government
Performance and Results Act, as amended (see 31 U.S.C.
1115(b))), performance indicators that measure progress
toward the two goals listed in section 3(g) of this
order. Within 60 days of the date of this order, the
Director of the Office of Management and Budget
(Director) shall issue guidance regarding the
implementation of this subsection. Such guidance may
also address how agencies not otherwise covered under
this subsection should be held accountable for
compliance with this order.
(b) The head of each agency shall consider the
progress toward the two goals listed in section 3(g) of
this order in assessing the performance of the
Regulatory Reform Task Force and, to the extent
permitted by law, those individuals responsible for
developing and issuing agency regulations.
Sec. 5. Waiver. Upon the request of an agency head, the
Director may waive compliance with this order if the
Director determines that the agency generally issues
very few or no regulations (as defined in section 4 of
Executive Order 13771). The Director may revoke a
waiver at any time. The Director shall publish, at
least once every 3 months, a list of agencies with
current waivers.
[[Page 12287]]
Sec. 6. General Provisions. (a) Nothing in this order
shall be construed to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency, or
the head thereof; or
(ii) the functions of the Director relating to budgetary, administrative,
or legislative proposals.
(b) This order shall be implemented consistent with
applicable law and subject to the availability of
appropriations.
(c) This order is not intended to, and does not,
create any right or benefit, substantive or procedural,
enforceable at law or in equity by any party against
the United States, its departments, agencies, or
entities, its officers, employees, or agents, or any
other person.
(Presidential Sig.)
THE WHITE HOUSE,
February 24, 2017.
[FR Doc. 2017-04107
Filed 2-28-17; 11:15 am]
Billing code 3295-F7-P